NY Decision Shows Risks Of Contractor Work Stoppages
05/20/22
By Randy J. Heller
Partner with Gallet Dreyer & Berkey, LLP
From time to time, a construction contractor may feel it has a certain amount of leverage on a project. Perhaps the owner needs certain signoffs or some indispensable piece of equipment. Perhaps the contractor believes it has become too important to terminate.
In the case of McCarthy Concrete Inc. v. Banton Construction Co., the Supreme Court of the State of New York, Appellate Division, Third Judicial Department, issued a reminder to contractors feeling a bit too full of themselves that the contract is mightier than the threat....